LPAs Go Digital - What Has Changed and Why Legal Advice Is Still Essential

Lasting Powers of Attorney have existed for many years, but for a long time they were underused. Many people associated them with old age or assumed they were only relevant once something had already gone wrong. Others were put off by a paper heavy process that felt complicated and intimidating.

In recent years that attitude has begun to change. High profile cases involving lost capacity, combined with an ageing population and greater awareness of conditions such as dementia, have highlighted how important it is to plan ahead. The Covid pandemic also played a significant role, showing how quickly someone’s health can deteriorate and how difficult it can be for families to act without proper legal authority.

Against that background, the government and the Office of the Public Guardian have been working to modernise the system. One of the most significant developments is the introduction of a digital process for creating and registering Lasting Powers of Attorney.

Under the old system, LPAs were completed entirely on paper. Forms were lengthy and errors were common. A simple mistake such as a missing signature or an incorrectly dated page could result in the application being rejected months later. This caused frustration, delay and additional cost.

The new digital system allows people to complete applications online, receive prompts to reduce errors, and track progress more easily. For many, this removes a practical barrier and makes future planning feel more manageable.

However, while the process has become more accessible, the legal effect of a Lasting Power of Attorney has not changed at all. An LPA remains one of the most powerful legal documents an individual can make.

By signing an LPA, you are giving another person the authority to make decisions about your finances, property, medical treatment and daily care if you lose mental capacity. In the case of a property and financial affairs LPA, attorneys may be able to sell your home, manage bank accounts, deal with investments and interact with financial institutions on your behalf.

Once registered, an attorney’s powers are extensive and oversight is limited. For that reason, mistakes made at the outset can have serious and lasting consequences.

One of the most common problems solicitors see is inappropriate choice of attorney. People often appoint children or other relatives without fully considering their ability, availability or suitability for the role. In some cases, relationships later break down or attorneys move abroad, become ill themselves or disagree with one another.

Another frequent issue is failing to include replacement attorneys. Without replacements, the LPA may fail entirely if an attorney can no longer act. At that point, families are often forced to apply to the Court of Protection, which is far more expensive and time consuming than putting the right document in place initially.

Instructions and preferences also cause difficulty. Poorly worded clauses can prevent banks, care providers or medical professionals from accepting the LPA. What was intended as helpful guidance can unintentionally restrict attorneys or create uncertainty at exactly the moment decisions need to be made.

Family circumstances add further complexity. Blended families, second marriages, estranged relatives or vulnerable beneficiaries all require careful handling. An online form cannot identify potential conflicts or advise on safeguards to reduce the risk of abuse or disputes.

There is also the question of capacity and undue influence. A solicitor has a professional duty to ensure that the person making the LPA understands what they are signing and is doing so freely. This can be crucial if the LPA is ever challenged. LPAs created without independent advice are more vulnerable to allegations of pressure or lack of understanding.

The move to digital LPAs is a positive development. It removes unnecessary administrative barriers and encourages people to plan earlier. What it does not do is replace the need for professional judgment.

Using a solicitor ensures that the LPA reflects your personal circumstances, that risks are identified and managed, and that the document will work in practice when it is needed most. The digital system may make submission easier, but it is legal advice that provides protection, clarity and long term peace of mind.

Adding or Removing Someone From a Property Title Why It Is Never Just an Administrative Change

There are many situations where people want to add or remove a name from a property title. Marriage, separation, tax planning, refinancing or family arrangements can all prompt a change in ownership. It is often assumed that this is a simple formality. In practice, it is a legal transaction with potentially significant consequences.

Changing a property title involves transferring an interest in land. Even where no money changes hands, the law treats this as a conveyancing transaction. The reasons for the transfer matter, as do the financial arrangements between the parties.

One of the first issues to consider is whether there is a mortgage. Most lenders require consent before ownership can change. Some lenders will treat the transfer as a new loan application, particularly where someone is being added or removed following separation. Failure to obtain lender consent can put the mortgage at risk.

Tax is another area where assumptions can be costly. Stamp Duty Land Tax may be payable even where no cash is exchanged, depending on whether mortgage debt is being taken on. Capital Gains Tax can also arise where property is transferred other than between spouses in limited circumstances.

Ownership structure is equally important. When adding someone to a title, it is necessary to decide whether the property will be owned as joint tenants or tenants in common. This affects what happens on death and how the property is dealt with in wills. Many people do not appreciate the difference until it is too late.

Transfers following separation often involve heightened emotion and time pressure. Informal agreements made without legal advice can create long term problems. We regularly see cases where ownership was changed without proper documentation, leading to disputes years later when the property is sold.

There are also wider implications. Changing ownership should trigger a review of wills, life insurance and estate planning. Failing to align these arrangements can undermine the reason for making the transfer in the first place.

Our role is to ensure that transfers are legally effective, tax efficient where possible, and properly documented. This includes liaising with lenders, advising on ownership options, and ensuring that the transfer achieves what the parties intend rather than creating future risk.

What looks simple on the surface often carries hidden complexity. Proper advice at this stage prevents problems that are difficult and expensive to resolve later.

No Fault Divorce – Do I still need legal advice?

Divorce law in England has historically been shaped by the idea that someone must be at fault for the breakdown of a marriage. For decades, couples were required to rely on grounds such as adultery or unreasonable behaviour in order to obtain a divorce, unless they had already lived apart for a significant period.

This system was widely criticised. Many couples felt forced to exaggerate or invent behaviour simply to satisfy legal requirements. This often-increased hostility, made cooperation more difficult, and had a damaging effect on children.

In response to these concerns, no fault divorce was introduced. Under the new system, couples no longer need to rely on any grounds relating to the other spouse’s behaviour or a period of separation. Instead, one or both spouses make a statement that the marriage has irretrievably broken down. The court does not investigate the reasons and the divorce proceeds through a structured timetable.

This change has undoubtedly made the divorce process more dignified. It allows couples to focus on practical arrangements rather than revisiting painful details. However, it is important to understand what no fault divorce does and does not change.

While the process of ending the marriage is simpler, the financial consequences of divorce can often be complex and significant. Divorce still often involves decisions about property, pensions, savings, debts and ongoing financial support. These decisions can affect both parties for many years.

One of the most common misconceptions is that reaching an informal agreement is enough. Many separating couples believe that if they have reached an agreement, there is no need for legal advice or court involvement. This can be a costly mistake.

Without a court approved financial order, financial claims remain open indefinitely. This means that even years after divorce, one former spouse may be able to make claims against the other. Solicitors regularly advise people who believed matters were settled, only to face unexpected legal claims later.

Pensions are another area where problems frequently arise. Pensions are often one of the most valuable assets in a marriage, yet they are commonly overlooked or misunderstood. Agreeing to keep your own pension without advice may seem fair at the time but can result in significant imbalance in retirement.

Property arrangements also require careful consideration. Decisions about whether to sell, transfer or retain property must take account of future housing needs, mortgage capacity and tax implications. What works in the short term may not be sustainable in the long term.

Where children are involved, arrangements must prioritise their welfare while also providing stability and clarity.

A solicitor’s role in no fault divorce is not to increase conflict. It is to ensure that decisions are informed, legally binding and future proofed as far as possible. Legal advice helps clients understand the full picture, avoid unintended consequences and achieve finality.

No fault divorce removes blame, but it does not remove the need for careful legal planning.

BSG solicitors urge families to review their wills as inheritance disputes rise

More than three quarters, 78%, of UK lawyers offering later life legal advice have seen an increase in contested estates over the past five years, according to new research released this week.

As Update Your Will Week takes place across the UK from 2nd to 8th March 2026, BSG Solicitors is encouraging individuals and families across Lancaster and Preston to review their wills to ensure their wishes are properly protected.

The research, conducted among Accredited Lawyers of The Association of Lifetime Lawyers, reveals that the majority of disputes are driven by unequal distribution between children, blended family dynamics, poorly drafted DIY wills and, in many cases, people dying without a will at all.

Rebecca Lauder, Partner at BSG Solicitors, said:

“Family circumstances and financial positions can change significantly over time. If your will does not reflect your current situation, it may not achieve what you intend.

“We regularly see the stress and uncertainty that can arise where there is no valid or up to date will in place. Taking professional advice and reviewing your will every few years, or after a major life event, can help prevent disputes and provide clarity for your loved ones.

“For unmarried couples in particular, there are no automatic inheritance rights, which makes having a properly drafted will essential.”

Update your Will week has also coincided with BSG Solicitors welcoming Samantha Walker back to its Preston office.

Samantha is a Chartered Legal Executive who qualified in 2018 and is a full member of Solicitors for the Elderly. She advises on tax and estate planning, trusts, wills and probate, intestacy, Court of Protection applications and Lasting Powers of Attorney, and offers home visits for elderly and vulnerable clients.

With experienced private client teams in both Lancaster and Preston, BSG Solicitors continues to support families across Lancashire in putting clear and effective estate planning arrangements in place.

Adding or Removing Someone From a Property Title

Adding or Removing Someone From a Property Title: Why It Is Never Just an Administrative Change

There are many situations where people want to add or remove a name from a property title. Marriage, separation, tax planning, refinancing or family arrangements can all prompt a change in ownership. It is often assumed that this is a simple formality. In practice, it is a legal transaction with potentially significant consequences.

Changing a property title involves transferring an interest in land. Even where no money changes hands, the law treats this as a conveyancing transaction. The reasons for the transfer matter, as do the financial arrangements between the parties.

One of the first issues to consider is whether there is a mortgage. Most lenders require consent before ownership can change. Some lenders will treat the transfer as a new loan application, particularly where someone is being added or removed following separation. Failure to obtain lender consent can put the mortgage at risk.

Tax is another area where assumptions can be costly. Stamp Duty Land Tax may be payable even where no cash is exchanged, depending on whether mortgage debt is being taken on. Capital Gains Tax can also arise where property is transferred other than between spouses in limited circumstances.

Ownership structure is equally important. When adding someone to a title, it is necessary to decide whether the property will be owned as joint tenants or tenants in common. This affects what happens on death and how the property is dealt with in wills. Many people do not appreciate the difference until it is too late.

Transfers following separation often involve heightened emotion and time pressure. Informal agreements made without legal advice can create long term problems. We regularly see cases where ownership was changed without proper documentation, leading to disputes years later when the property is sold.

There are also wider implications. Changing ownership should trigger a review of wills, life insurance and estate planning. Failing to align these arrangements can undermine the reason for making the transfer in the first place.

Our role is to ensure that transfers are legally effective, tax efficient where possible, and properly documented. This includes liaising with lenders, advising on ownership options, and ensuring that the transfer achieves what the parties intend rather than creating future risk.

What looks simple on the surface often carries hidden complexity. Proper advice at this stage prevents problems that are difficult and expensive to resolve later.

 Contact us on 01524 386500 or 01772 253841

Wills Law Reform Why Change Is Being Considered and Why Professional Wills Are More Important Than Ever

The law governing wills in England is based on legislation dating back to 1837. While society, family structures and technology have changed dramatically since then, the legal framework for making a valid will has remained largely the same.

For many years this caused little public debate. However, in recent times the shortcomings of the current system have become more apparent. People live longer, families are more complex, and assets are no longer limited to property and bank accounts. At the same time, more people are trying to manage legal affairs themselves using templates or online platforms.

Against this background, the Law Commission has been reviewing whether the law of wills still works as intended. Its proposals include recognising electronic wills, giving courts greater flexibility where someone’s wishes are clear, and updating technical rules that can invalidate wills for minor errors.

These proposals are intended to reduce unfair outcomes where someone’s genuine intentions are defeated by technicalities. However, they also highlight just how easy it is for wills to go wrong.

Even under the current law, solicitors frequently deal with estates where a will exists but cannot be relied upon. Some are invalid because they were not properly signed or witnessed. Others contain ambiguous wording that leads to disputes between beneficiaries. In many cases, the will no longer reflects the person’s circumstances at the time of death.

Periods of legal change often increase the risk of disputes rather than reduce them. When rules are in flux, families are more likely to argue about interpretation and intention. Informal documents, handwritten notes and digital records are particularly vulnerable to challenge.

A professionally drafted will does far more than record who should inherit. It appoints executors who will be responsible for administering the estate, dealing with banks, property transactions and tax authorities. It can include trusts to protect young beneficiaries, manage inheritances for vulnerable family members, or preserve assets for future generations.

Solicitors also advise on inheritance tax planning, ensuring that allowances are used effectively and unnecessary tax is avoided where possible. This is an area where DIY wills often fall short, leaving families with avoidable tax bills and delays.

Family dynamics add another layer of complexity. Second marriages, children from previous relationships, unmarried partners and dependants all require careful consideration. Without clear drafting, wills can unintentionally exclude loved ones or give rise to claims against the estate.

Even if electronic wills are introduced, the need for clarity, structure and foresight will remain. Technology may change the format, but it does not replace legal judgment.

Using a solicitor ensures that a will is legally valid, clearly expressed and robust enough to withstand challenge. In an area of law that affects families at their most vulnerable, professional advice remains the safest and most reliable way to ensure wishes are respected.

BSG Solicitors Backs Lancashire Heat Pickleball Team

BSG Solicitors is excited to be sponsoring the Lancashire Heat pickleball team, continuing its support for local sport and community focused initiatives across the North.

Lancashire Heat plays in the Northern League, the first pickleball league of its kind in the North of England. The league features district based teams from across the region and provides regular competitive fixtures that are helping to raise standards and visibility for the sport.

As well as sponsoring Lancashire Heat, BSG Solicitors is also a founding sponsor of the Northern League’s Northern Legacy Project. The project focuses on growing pickleball at grassroots level, creating opportunities for young players, and building a strong future for the sport across the region.

Pickleball is one of the fastest growing sports in the UK, combining elements of tennis, badminton and table tennis in a format that is easy to learn and highly social. Lancashire Heat has played an important role in promoting the game locally while competing at a strong level within the Northern League.

Lancashire Heat welcomed the sponsorship, saying the backing from BSG Solicitors will help the team continue to develop, compete, and represent Lancashire with pride.

Planning ahead for peace of mind in 2026

As the new year approaches, many people reflect on the year ahead and the plans they have in place. It is also a natural time to ensure important legal arrangements are up to date and reflect current circumstances. Rebecca Lauder from BSG Solicitors is encouraging people to start 2026 feeling confident that their plans are in order.

Keeping legal documents under review can provide reassurance for individuals and families, particularly after major life changes. Being proactive helps ensure wishes are clearly recorded and understood, while also offering protection for loved ones.

“Best practice is to review a will every five years or after major life events such as marriage or civil partnership, divorce or dissolution, the birth of a child, the loss of a loved one, or changes linked to gender recognition. An up to date will ensures your wishes are followed and sets out clear guardianship arrangements for children. Without this clarity, decisions may be left to the courts and may not reflect personal preferences. It is also important to have Lasting Powers of Attorney in place so trusted individuals can make financial or health and welfare decisions if you lose capacity.”

Research from The Association of Lifetime Lawyers shows that more than half of UK adults over the age of 30 either do not have a will or have one that needs updating. Nearly one in ten have started making a will but never completed it, which can leave estates and families exposed to uncertainty.

Preparing for the unexpected can also make a significant difference. Keeping a secure record of essential contacts and key account details, as well as documenting funeral wishes, can help reduce stress and emotional strain for loved ones at a difficult time.

For advice or to discuss your individual requirements, contact BSG Solicitors today on 01524 386500 for the Lancaster office or 01772 253841 for the Preston office.

Why Probate Caveats Are Increasing & How to Protect Your Will

Inheritance disputes are becoming increasingly common in England and Wales, with the number of probate caveats reaching record highs in recent years. As property values rise and family structures become more complex, more individuals are challenging wills or questioning the actions of executors. Understanding what a probate caveat is—and how to prevent disputes—has never been more important.

What Is a Probate Caveat?

A probate caveat is a formal notice entered at the Probate Registry that temporarily prevents a grant of probate being issued. Essentially, it gives the person lodging it a chance to contest a will or delay proceedings if they believe there are valid concerns about the estate. Caveats can be lodged for a range of reasons, including:

• Questions about the validity of a will

• Allegations of undue influence or coercion

• Concerns over the testator’s mental capacity

• Disagreements with the appointed executor

Once a caveat is in place, no grant of probate can be issued without notifying the person who lodged it, giving them the opportunity to take further legal action.

Why Are Inheritance Disputes Increasing?

Several factors are driving the rise in inheritance disputes:

• Complex family arrangements: Blended families, stepchildren, and second marriages can all increase the potential for conflict.

• Rising property and asset values: Higher stakes make disputes more likely, particularly in cases involving substantial property or financial assets.

• Mental capacity and care issues: With more elderly individuals in care, questions about capacity or undue influence can arise.

• DIY wills and online templates: While convenient, these can lead to errors, ambiguities, or omissions that spark disputes.

How to Protect Your Estate and Avoid Conflict

There are practical steps that anyone making a will can take to reduce the risk of disputes:

1. Professional drafting: Ensure your will is drafted or reviewed by a qualified solicitor.

2. Regular updates: Review your will after major life events, such as marriage, divorce, the birth of a child, or acquisition of significant assets.

3. Letters of wishes: While not legally binding, these can provide context and clarity to your executors and beneficiaries.

4. Choosing the right executor: Consider appointing an independent professional executor or co-executor to reduce potential conflicts.

5. Open communication: Where appropriate, discuss your intentions with family members to manage expectations.

Conclusion

The rise in inheritance disputes highlights the importance of careful estate planning. Taking proactive steps—professional wills, regular updates, clear instructions, and the right executor—can help ensure that your wishes are carried out and reduce the risk of conflict for your loved ones.

Inheritance disputes can be stressful and costly, but with careful planning and early advice, most can be avoided, helping families navigate difficult times with confidence and clarity.

Changing Your Child’s Name: What Parents Need to Know

Deciding to change a child’s name can be a sensitive and sometimes complex process. Whether it’s to reflect a parent’s surname after divorce, to correct a spelling error, or for cultural, personal, or gender identity reasons, there are legal steps that must be followed to ensure the name change is recognised on all official documents. Understanding the process in advance can help parents navigate it smoothly and avoid disputes or delays.

When Can You Change a Child’s Name?

In the UK, a child’s name can be changed at any time, but there are additional considerations. Unlike adults, children cannot legally change their own name — the request must come from a parent or legal guardian. Both parents or guardians usually need to agree to the change. If there is a dispute or one parent does not consent, it may be necessary to apply to the family court for permission to change the child’s name.

Situations where a name change might arise include:

• A parent remarries or divorces and wants the child’s surname to reflect their new name.

• Parents wish to correct or standardise the spelling of a name on official records.

• The child identifies with a different name, perhaps reflecting cultural heritage or gender identity.

The Legal Process

For children, the legal route usually involves:

1. Obtaining parental consent: Both parents with parental responsibility must agree. If the change is not agreed a court application should be made.

2. Using a Change of Name Deed: This is a formal legal document declaring the new name. Solicitors can prepare a child’s Change of Name Deed to ensure it is legally binding. A Change of Name Deed can be enrolled at the Supreme Court (referred to as a Deed Poll) if required.

3. Updating official records: Once the Change of Name Deed is in place, the child’s new name should be updated on their passport, school records, medical records, and any other official documents.

If parental consent cannot be obtained, the parent applying for the change must apply to the family court. The court will consider what is in the best interests of the child, which includes looking at the child’s views (depending on age and maturity), the reasons for the change, and the potential impact on the child’s wellbeing.

Special Considerations

• Children over 12: Courts often give more weight to the child’s wishes when deciding whether a name change should be approved.

• Cultural or religious reasons: Judges take cultural and religious considerations seriously, particularly if the change reflects the child’s identity or heritage.

• Practicalities: Schools, medical providers, and other institutions will require certified copies of the Deed or court order to update records. Keeping multiple copies on hand is advisable.

Practical Tips for Parents

Changing a child’s name can be straightforward if both parents are in agreement, but preparation is key:

• Discuss the reasons for the change openly with all parties involved.

• Consult a solicitor if there is any doubt about parental consent or if a court application might be required.

• Ensure all official records are updated promptly to avoid confusion in school, healthcare, or travel documentation.

• Consider the child’s perspective and feelings; involving them in the process where appropriate can make the transition smoother.

Conclusion

Changing the name of a child requires careful legal and practical consideration and where disputes arise, the family court may need to decide based on the child’s best interests. By understanding the process, seeking professional guidance, and involving the child where appropriate, parents can ensure the name change is completed smoothly and respectfully.